The Supreme Court today (October 14) dismissed self-styled godman Asaram's plea challenging the Gujarat High Court's order denying him temporary bail to visit his ailing wife in the 2013 Gandhinagar rape case.

The plea was withdrawn considering that Asaram is currently out on parole for 20 days granted by the Rajasthan High Court in another 2013 Jodhpur minor rape case.

A bench comprising Justice JB Pardiwala and Justice K Vinod Chandran will now hear Asaram's challenge to the Rajasthan High Court judgment upholding his conviction and sentence on merits in November.

For context, a Gandhinagar Sessions Court had convicted Asaram to life imprisonment in 2023 for repeatedly raping a disciple in his Ahmedabad-based Ashram between 2001 and 2006. The FIR in this case was filed in 2013. Against this, the Gujarat High Court is hearing the appeal which is pending. It is in this case, Asaram was denied temporary bail recently. In the Rajasthan case, Asaram was convicted and sentenced to life imprisonment for raping a minor victim at his Jodhpur Ashram in 2013. This has been upheld by the Rajasthan High Court.

Appearing for Asaram, Senior Advocate Siddharth Dave submitted that notice has been issued in the Rajasthan matter.

The counsel for the victim submitted that in the Rajasthan matter, a coordinate bench of the Court had earlier called for a report on Asaram's medical condition from AIIMS, since the petitioner was seeking interim bail on medical grounds. He stated that medical report suggested that the petitioner suffers from old health issues and added that the Court allowed him to approach only if his health deteriorates.

Solicitor General Tushar Mehta, appearing for the States of Rajasthan and Gujarat, submitted that the petitioner had been convicted both in Rajasthan and Gujarat. SG said that before the Rajasthan High Court, Asaram had filed an application for parole on health grounds which was rejected. Against the rejection, Mehta said, Asaram had approached the Supreme Court.

SG Mehta said that Asaram had thereafter filed another application before the Rajasthan High Court, where he was granted parole for 20 days. Since the petitioner couldn't be released because of the conviction by the Gandhinagar court in a separate rape case, he had approached the Gujarat High Court for temporary bail which was rejected, SG Mehta said.

Pointing to the Rajasthan High Court order which directed the state authorities to comply with order granting parole, SG Mehta said:

"He approaches the (Rajasthan) High Court in contempt and High Court says you are in contempt and he is released. In the meanwhile, as a backup strategy, he approached the Gujarat High Court initially on the ground of his ill health and its rejected...which he did not challenge it. He filed a second parole on grounds that his wife is not well. Now, he's out on parole for 20 days."

For context, the Rajasthan High Court directed the State to comply with its order dated August 3 by which rape-convict, Asaram, was granted a 20-day parole, observing that rejection of his application for emergent parole by the Gujarat High Court had no adverse consequences on State's obligations to comply with the order of this Court.

The Supreme Court thereafter said that once the petitioner surrenders, the Court will hear the matter on "neat question of law".

"Unless you are able to convince us that because of the lapse the entire conviction would be said to have vitiated, we will look into it," Justice Pardiwala orally said.

Meanwhile, Dave submitted that the petitioner can be convicted on other charges on which he was initially acquitted but not under Section 376 IPC. He added that Asaram last night suffered heart attack and is admitted to ICU. At this stage, SG Mehta said that during the Trial three prime witnesses were murdered.

After hearing parties, the Supreme Court, in its order, dictated:

"We heard Mr. Dave, appearing for the petitioner convict and Mr Tushar Mehta, for the State of Rajasthan. We are informed by the learned counsel for the parties that the petitioner convict is on parole. He has been granted parole for 20 days. Once the period of parole is over and he surrenders, we shall hear this appeal further. His period of parole is coming to an end on October 27. Post this matter in November. Meanwhile, the registry shall call for the records of the trial court both digital and physical and one set shall be furnished to the petitioner and state as well as the victim."